bethrothal Flashcards

1
Q

selection of wife

A

maliha - wealth
hasabiha - lineage
jamaliha - beauty
diniha - religion

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2
Q

viewing woman for purpose of marriage

A

hanafi - face, hands, feet ; sufficient to knows her behaviour n soul
hanbali ; face n hand

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3
Q

woman cannot be proposed

A

engaged woman
woman in iddah
married woman
mahram

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4
Q

engagement not finalisef yet

A

hanafi/ maliki - haram other man propose
syafie/ hanbali - allowed other to propose

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5
Q

prohibitin during betrothal period

A

no coupling
cannot behave like h&w

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6
Q

exchanging gifts during B

A

customary can followed as long as nit contra to Islam
“what is good among muslim communities, good in the eys of allah”

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7
Q

effect of breach to dowry

A

woman has to return the dowry

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8
Q

what happen to gifts exchange during breach of B

A

HANAFI - gift still intact, giver can ask for return

MALIKI - man breach : man cannot ask for retun
woman breach : man can ask for return

still exist or not not important

SYAFIE - should be return still exist or not

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9
Q

Aisha v Jamaludin

A

man broke the promise
woman claim marriage expenses and right to keep ring
claim allowed

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10
Q

Hussin v Moh

A

been agreed mas kawin 500
father spent 350 for preparation
during- 300 money 200 jewellery
claim for damages
allowed

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11
Q

Haji Abdul Latif

A

kenduri costing 15 k n diamond ring was given

held, pay for costing

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12
Q

Salbiah Haji Ahmad

A

man breach the engage
woman claim for embarrassment and expenses for wedding
h: embarrassment- no jurisdiction
expenses : allowed
since was given advance money- deduct

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13
Q

Mohammad Azla v Mokhtar Hashim

A

breach reason-perempuan dituduh non virgin- tapi cannot prove
ayah kata kalau breach bayar 2 kali ganda- success proven
h: bayar 2 kali ganda

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